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Although Abama recognized the concept of implied co Anime sent as i Anime pertained to marital rape, see Anonymous, 206 Ala. 295, 89 So. Giant 462 (1921), this concept has never been applied to the oi ffense ofodomy. Under former Alabama law, consent, express or implied, was never a defense to a cha zrge of sodomy, whether the acts charged were committed by marrieor unmarried persons. Williams v. State,l 354 So2d 48 (Ala. Crim. App.1977), cert. denied, 354 So. 2d 53 (Ala.1978)(and cases cited therein). A "marital exemption" for sodomy, consensual or forcible, has never existed in this state until the present code.

"Where two persons voluntarily engage in an act of sodomy, both arguilty." Williams, supra, at 51 (inz erpretg former Alabama sodomy statute). However, in cases where ta person was forced to commit an a of sodomy, that person was not an accomplice. Babes Andrews v. State, 359 So. 2d 1172 (Ala. Crim. App. 1978); Mahone v. State, 44 Ala. App. 372, 209 So. 2d 435 (1968). In Mahone, supra, the defendant was convicted of sodomizing his wife by force. Thus, the court's holding in Mahone, supra, expressively rejects any notion of implied consent to acts of sodomy. See also Warren v. State, 255 Ga. 151, 336 S.E.2d 221 (1985) (court rejected the implied consent to sodomy theory in holding that there is no "implied marital exemption" contained in Georgia's aggravated sodomy statute); State v. Smith, 401 So. 2d 1126 (Fla. App. 1981) and State v. Rider, 449 So. 2d 903 (Fla. App. 1984) (Florida courts held there is no implied consent to sexual battery which includes acts of sodomy).

Thus, since there has never been a notion of "implied consent" to sodomy in Alabama, it would be absurd to find that one exists now. Warren, supra. Forcible sodomy is not merely a sexual act, it is a crime of violence and a degrading experience for the victim. Warren, supra; Liberta, supra; Smith, supra; Rider, supra. The act of forcible sodomy violates the bodily integrity of the victim and often causes the victim to suffer long-lasting physical and psychological injury. Warren, supra; Liberta, supra.

It would be ludicrous to hold that a marriage license implies consent to such a gross violation of one's bodily integrity. Warren, supra; Liberta, supra. A married person has the same right to control his or her body as does an unmarried person. Eisenstadt, supra; Liberta, supra.

"While recognizing the sanctity of marriage, modern decisional law also recognizes that the right of a wife [or husband] to supremacy over her [or his] own body is paramount to her [or his] right to individual autonomy * * * [is] but a part of the more comprehensive right to bodily integrity." People v. DeStefano, 121 Misc.2d 113, 467, N.Y.S.2d 506 (Co. Ct. 1983).

"A married [person] has the right to resist overtures by [his or her spouse] to have sexual relations, whether of a conventional or an unusual nature. A married [person] is not compelled by law to submit against [his or] her will to sexual contact which [he or] she finds offensive." Note, the Marital Rape Exemption, 52 N.Y.U.L. Rev. 306, 321 (1977).

Any implied consent notion would give one spouse the control over the other spouse's bodily integrity. Weishaupt v. Commonwealth, 227 Va. 389, 315 S.E.2d 847 (1984). Thus, when a person says "I do" in Alabama, they retain the right to say "I won't" to acts of sodomy. Warren, supra.

The common law doctrines that a wife is her husband's property and that her legal existence is incorporated into her husband's have long been rejected. Liberta, supra; Smith, supra; DeStefano, supra. "Nowhere in the common-law world indeed in any modern society is a woman regarded as chattel or demeaned by a denial of a separate legal identity and the dignity associated with recognition as a whole human being." Trammel v. Trammel, 445 U.S. 40, 52, 100 S. Ct. 906, 913, 63 L. Ed. 2d 186 (1980). Certainly, then, these archaic notions cannot provide a basis for a "marital exemption" in our forcible sodomy statute.

A modern justification that has been asserted in support of the "marital exemption" is that it protects against governmental invasion into marital privacy. The right to marital privacy was recognized by the United States Supreme Court in Griswold v. Connecticut, 381 U.S. 479, 85 S. Ct.. 1678, 14 L. Ed. 2d 510 (1965). The "marital exemption" for forcible sodomy cannot be justified by this marital privacy right because "[t]he import of the Griswold eWww Free Amateur Photo Williams v. State Www Free Amateur Photop g h h Sex Porn lWww Free Amateur Photo Williams v. State Www Free Amateur Photog w Hot